Young v. Chew
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. The note was dishonored at the time of its transfer. — Carl v. Brown, 2 Mich. 401; Banger v. Gary, 1 Mete. 373; Sylvester v. Grapo, 15 Pick. 92; Lozer v. Burkin, 7 Johns. 70; Herrick v. Wooberton, 41 N. Y. 581; Keyes v. Fenstermaker, 24 Cal. 331; Morey v. Wakefield, 41 Yt. 24. The indorsee occupies the same position as the payee, where he takes the note after it is due, and with full notice that it was made by the firm to…
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Appeal from the St. Louis Circuit Court, Boyle, J. The note was dishonored at the time of its transfer. — Carl v. Brown, 2 Mich. 401; Banger v. Gary, 1 Mete. 373; Sylvester v. Grapo, 15 Pick. 92; Lozer v. Burkin, 7 Johns. 70; Herrick v. Wooberton, 41 N. Y. 581; Keyes v. Fenstermaker, 24 Cal. 331; Morey v. Wakefield, 41 Yt. 24. The indorsee occupies the same position as the payee, where he takes the note after it is due, and with full notice that it was made by the firm to one of its partners. — Simrall v. 0 ’Bannons, 7 B. Mon. 608; Hill v. McPherson, 15 Mo. 204; Sherwood v. Barton, 36 Barb.…
1Opinion of the CourtLewis, P. J.
This suit is upon a promissory note for $5,000, executed August 3, 1872, by the partnership firm of Koch, Chew & Co., in favor of Gustavus A. Koch, one of the partners, payable on demand, and indorsed and delivered in September, 1878, by the payee to the plaintiff. The defence relied on is that the note, was transferred after maturity, and is, therefore, subject to any equities that existed between the original parties; that on account of the partnership relation the payee could not have recovered upon the note, and his transferee occupies no better position. A referee found the issues for…
2Cases cited8 opinions
- Smith v. LusherCourt for the Trial of Impeachments and Correction of Errors · 1825
- Elwell v. DodgeNew York Supreme Court · 1861
- Kipp v. McChesneyIllinois Supreme Court · 1872
- Spraddling v. PipkinSupreme Court of Missouri · 1851
- Leabo v. RenshawSupreme Court of Missouri · 1875
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3Cited by3 opinions
- Knaus v. GivensSupreme Court of Missouri · 1892
- Mayer v. OldMissouri Court of Appeals · 1894
- O'Day v. SanfordMissouri Court of Appeals · 1909